|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the promotion of efficiencies in and the administration |
|
of certain district court and county services and functions. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 144.041, Agriculture Code, is amended by |
|
adding Subsection (h) to read as follows: |
|
(h) A county clerk may accept electronic filing or |
|
rerecording of an earmark, brand, tattoo, electronic device, or |
|
other type of mark for which a recording is required under this |
|
chapter or other law. |
|
SECTION 2. Chapter 2, Code of Criminal Procedure, is |
|
amended by adding Article 2.31 to read as follows: |
|
Art. 2.31. COUNTY JAILERS. A jailer licensed under Chapter |
|
1701, Occupations Code, may execute lawful process issued to the |
|
jailer by any magistrate or court on a person confined in the jail |
|
at which the jailer is employed to the same extent that a peace |
|
officer is authorized to execute process under Article 2.13(b)(2), |
|
including: |
|
(1) a warrant under Chapter 15, 17, or 18; |
|
(2) a capias under Chapter 17 or 23; |
|
(3) a subpoena under Chapter 20 or 24; or |
|
(4) an attachment under Chapter 20 or 24. |
|
SECTION 3. Article 20.011(a), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(a) Only the following persons may be present in a grand |
|
jury room while the grand jury is conducting proceedings: |
|
(1) grand jurors; |
|
(2) bailiffs; |
|
(3) the attorney representing the state; |
|
(4) witnesses while being examined or when necessary |
|
to assist the attorney representing the state in examining other |
|
witnesses or presenting evidence to the grand jury; |
|
(5) interpreters, if necessary; [and] |
|
(6) a stenographer or person operating an electronic |
|
recording device, as provided by Article 20.012; and |
|
(7) a person operating a video teleconferencing system |
|
for use under Article 20.151. |
|
SECTION 4. Article 20.02(b), Code of Criminal Procedure, is |
|
amended to read as follows: |
|
(b) A grand juror, bailiff, interpreter, stenographer or |
|
person operating an electronic recording device, [or] person |
|
preparing a typewritten transcription of a stenographic or |
|
electronic recording, or person operating a video teleconferencing |
|
system for use under Article 20.151 who discloses anything |
|
transpiring before the grand jury, regardless of whether the thing |
|
transpiring is recorded, in the course of the official duties of the |
|
grand jury, is [shall be] liable to a fine as for contempt of the |
|
court, not exceeding $500 [five hundred dollars], imprisonment not |
|
exceeding 30 [thirty] days, or both the [such] fine and |
|
imprisonment. |
|
SECTION 5. Chapter 20, Code of Criminal Procedure, is |
|
amended by adding Article 20.151 to read as follows: |
|
Art. 20.151. CERTAIN TESTIMONY BY VIDEO TELECONFERENCING. |
|
(a) With the consent of the foreman of the grand jury and the |
|
attorney representing the state, a peace officer summoned to |
|
testify before the grand jury may testify through the use of a |
|
closed circuit video teleconferencing system that provides an |
|
encrypted, simultaneous, compressed full motion video and |
|
interactive communication of image and sound between the peace |
|
officer, the attorney representing the state, and the grand jury. |
|
(b) In addition to being administered the oath described by |
|
Article 20.16(a), before being interrogated, a peace officer |
|
testifying through the use of a closed circuit video |
|
teleconferencing system under this article shall affirm that: |
|
(1) no person other than a person in the grand jury |
|
room is capable of hearing the peace officer's testimony; and |
|
(2) the peace officer's testimony is not being |
|
recorded or otherwise preserved by any person at the location from |
|
which the peace officer is testifying. |
|
(c) Testimony received from a peace officer under this |
|
article shall be recorded and preserved. |
|
SECTION 6. Article 27.18, Code of Criminal Procedure, is |
|
amended by amending Subsection (c) and adding Subsections (c-1) and |
|
(c-2) to read as follows: |
|
(c) A recording of the communication shall be made and |
|
preserved until all appellate proceedings have been disposed of. A |
|
court reporter or court recorder is not required to transcribe or |
|
make a separate recording of a plea taken under this article unless |
|
an appeal is taken in the case and a party requests a transcript. |
|
(c-1) The defendant may obtain a copy of a [the] recording |
|
made under Subsection (c) on payment of a reasonable amount to cover |
|
the costs of reproduction or, if the defendant is indigent, the |
|
court shall provide a copy to the defendant without charging a cost |
|
for the copy. |
|
(c-2) The loss or destruction of or failure to make a video |
|
recording of a plea entered under this article is not alone |
|
sufficient grounds for a defendant to withdraw the defendant's plea |
|
or to request the court to set aside a conviction, sentence, or |
|
plea. |
|
SECTION 7. Article 38.073, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 38.073. TESTIMONY OF INMATE WITNESSES. In a |
|
proceeding in the prosecution of a criminal offense in which an |
|
inmate in the custody of the Texas Department of Criminal Justice is |
|
required to testify as a witness, any deposition or testimony of the |
|
inmate witness may be conducted by a video teleconferencing system |
|
in the manner described by Article 27.18 [electronic means, in the
|
|
same manner as permitted in civil cases under Section 30.012, Civil
|
|
Practice and Remedies Code]. |
|
SECTION 8. Article 49.25, Code of Criminal Procedure, is |
|
amended by adding Section 13A to read as follows: |
|
Sec. 13A. FEES. (a) A medical examiner may charge |
|
reasonable fees for services provided by the office of medical |
|
examiner under this article, including cremation approvals, court |
|
testimonies, consultations, and depositions. |
|
(b) The commissioners court must approve the amount of the |
|
fee before the fee may be assessed. The fee may not exceed the |
|
amount necessary to provide the services described by Subsection |
|
(a). |
|
(c) The fee may not be assessed against the county's |
|
district attorney or a county office. |
|
SECTION 9. Section 31.037, Election Code, is amended to |
|
read as follows: |
|
Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The |
|
employment of the county elections administrator may be suspended, |
|
with or without pay, or terminated at any time for good and |
|
sufficient cause on the four-fifths vote of the county election |
|
commission and approval of that action by a majority vote of the |
|
commissioners court. |
|
SECTION 10. Section 43.007(i), Election Code, is amended to |
|
read as follows: |
|
(i) The secretary of state may only select to participate in |
|
the program six [three] counties with a population of 100,000 or |
|
more and four [two] counties with a population of less than 100,000. |
|
SECTION 11. Section 203.005(b), Family Code, is amended to |
|
read as follows: |
|
(b) The first payment of a fee under Subsection (a)(5) |
|
[(a)(4)] is due on the date that the person required to pay support |
|
is ordered to begin child support, alimony, or separate maintenance |
|
payments. Subsequent payments of the fee are due annually and in |
|
advance. |
|
SECTION 12. Sections 51.318(b) and (e), Government Code, |
|
are amended to read as follows: |
|
(b) The fees are: |
|
(1) for issuing a subpoena, including one copy$8 |
|
(2) for issuing a citation, commission for deposition, |
|
writ of execution, order of sale, writ of execution and order of |
|
sale, writ of injunction, writ of garnishment, writ of attachment, |
|
or writ of sequestration not provided for in Section 51.317, or any |
|
other writ or process not otherwise provided for, including one |
|
copy if required by law$8 |
|
(3) for searching files or records to locate a cause |
|
when the docket number is not provided$5 |
|
(4) for searching files or records to ascertain the |
|
existence of an instrument or record in the district clerk's |
|
office$5 |
|
(5) for abstracting a judgment$8 |
|
(6) for approving a bond$4 |
|
(7) for a certified copy of a record, judgment, order, |
|
pleading, or paper on file or of record in the district clerk's |
|
office, including certificate and seal, for each page or part of a |
|
page not to exceed $1 |
|
(8) for a noncertified copy, for each page or part of a |
|
page not to exceed $1. |
|
(e) The district clerk may not charge [the] United States |
|
Immigration and Customs Enforcement or United States Citizenship |
|
and Immigration Services [Naturalization Service] a fee for a copy |
|
of any document on file or of record in the clerk's office relating |
|
to an individual's criminal history, regardless of whether the |
|
document is certified. |
|
SECTION 13. Section 57.002, Government Code, is amended by |
|
adding Subsection (d-1) to read as follows: |
|
(d-1) Subject to Subsection (e), a court in a county to |
|
which Section 21.021, Civil Practice and Remedies Code, applies may |
|
appoint a spoken language interpreter who is not a licensed court |
|
interpreter. |
|
SECTION 14. Section 101.0611, Government Code, is amended |
|
to read as follows: |
|
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a district court shall collect fees and costs |
|
under the Government Code as follows: |
|
(1) appellate judicial system filing fees for: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . not more than $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(2) when administering a case for the Rockwall County |
|
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and |
|
court costs as if the case had been filed in district court; |
|
(3) additional filing fees: |
|
(A) for each suit filed for insurance contingency |
|
fund, if authorized by the county commissioners court (Sec. 51.302, |
|
Government Code) . . . not to exceed $5; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; and |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(4) for filing a suit, including an appeal from an |
|
inferior court: |
|
(A) for a suit with 10 or fewer plaintiffs (Sec. |
|
51.317, Government Code) . . . $50; |
|
(B) for a suit with at least 11 but not more than |
|
25 plaintiffs (Sec. 51.317, Government Code) . . . $75; |
|
(C) for a suit with at least 26 but not more than |
|
100 plaintiffs (Sec. 51.317, Government Code) . . . $100; |
|
(D) for a suit with at least 101 but not more than |
|
500 plaintiffs (Sec. 51.317, Government Code) . . . $125; |
|
(E) for a suit with at least 501 but not more than |
|
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or |
|
(F) for a suit with more than 1,000 plaintiffs |
|
(Sec. 51.317, Government Code) . . . $200; |
|
(5) for filing a cross-action, counterclaim, |
|
intervention, contempt action, motion for new trial, or third-party |
|
petition (Sec. 51.317, Government Code) . . . $15; |
|
(6) for issuing a citation or other writ or process not |
|
otherwise provided for, including one copy, when requested at the |
|
time a suit or action is filed (Sec. 51.317, Government Code) . . . |
|
$8; |
|
(7) for records management and preservation (Sec. |
|
51.317, Government Code) . . . $10; |
|
(8) for issuing a subpoena, including one copy (Sec. |
|
51.318, Government Code) . . . $8; |
|
(9) for issuing a citation, commission for deposition, |
|
writ of execution, order of sale, writ of execution and order of |
|
sale, writ of injunction, writ of garnishment, writ of attachment, |
|
or writ of sequestration not provided for in Section 51.317, or any |
|
other writ or process not otherwise provided for, including one |
|
copy if required by law (Sec. 51.318, Government Code) . . . $8; |
|
(10) for searching files or records to locate a cause |
|
when the docket number is not provided (Sec. 51.318, Government |
|
Code) . . . $5; |
|
(11) for searching files or records to ascertain the |
|
existence of an instrument or record in the district clerk's office |
|
(Sec. 51.318, Government Code) . . . $5; |
|
(12) for abstracting a judgment (Sec. 51.318, |
|
Government Code) . . . $8; |
|
(13) for approving a bond (Sec. 51.318, Government |
|
Code) . . . $4; |
|
(14) for a certified copy of a record, judgment, |
|
order, pleading, or paper on file or of record in the district |
|
clerk's office, including certificate and seal, for each page or |
|
part of a page (Sec. 51.318, Government Code) . . . not to exceed |
|
$1; |
|
(15) for a noncertified copy, for each page or part of |
|
a page (Sec. 51.318, Government Code) . . . not to exceed $1; |
|
(16) fee for performing a service: |
|
(A) related to the matter of the estate of a |
|
deceased person (Sec. 51.319, Government Code) . . . the same fee |
|
allowed the county clerk for those services; |
|
(B) related to the matter of a minor (Sec. |
|
51.319, Government Code) . . . the same fee allowed the county |
|
clerk for the service; |
|
(C) of serving process by certified or registered |
|
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or |
|
constable is authorized to charge for the service under Section |
|
118.131, Local Government Code; and |
|
(D) prescribed or authorized by law but for which |
|
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; |
|
(17) jury fee (Sec. 51.604, Government Code) . . . |
|
$30; |
|
(18) additional filing fee for family protection on |
|
filing a suit for dissolution of a marriage under Chapter 6, Family |
|
Code (Sec. 51.961, Government Code) . . . not to exceed $15; |
|
(19) at a hearing held by an associate judge in Dallas |
|
County, a court cost to preserve the record, in the absence of a |
|
court reporter, by other means (Sec. 54.509, Government Code) . . . |
|
as assessed by the referring court or associate judge; and |
|
(20) at a hearing held by an associate judge in Duval |
|
County, a court cost to preserve the record (Sec. 54.1151, |
|
Government Code) . . . as imposed by the referring court or |
|
associate judge. |
|
SECTION 15. Section 551.0415, Government Code, is amended |
|
to read as follows: |
|
Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY OR COUNTY: |
|
REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION |
|
WILL BE TAKEN. (a) Notwithstanding Sections 551.041 and 551.042, a |
|
quorum of the governing body of a municipality or county may receive |
|
from municipal or county staff and a member of the governing body |
|
may make a report about items of community interest during a meeting |
|
of the governing body without having given notice of the subject of |
|
the report as required by this subchapter if no action is taken and, |
|
except as provided by Section 551.042, possible action is not |
|
discussed regarding the information provided in the report. |
|
(b) For purposes of Subsection (a), "items of community |
|
interest" includes: |
|
(1) expressions of thanks, congratulations, or |
|
condolence; |
|
(2) information regarding holiday schedules; |
|
(3) an honorary or salutary recognition of a public |
|
official, public employee, or other citizen, except that a |
|
discussion regarding a change in the status of a person's public |
|
office or public employment is not an honorary or salutary |
|
recognition for purposes of this subdivision; |
|
(4) a reminder about an upcoming event organized or |
|
sponsored by the governing body; |
|
(5) information regarding a social, ceremonial, or |
|
community event organized or sponsored by an entity other than the |
|
governing body that was attended or is scheduled to be attended by a |
|
member of the governing body or an official or employee of the |
|
municipality or county; and |
|
(6) announcements involving an imminent threat to the |
|
public health and safety of people in the municipality or county |
|
that has arisen after the posting of the agenda. |
|
SECTION 16. Section 551.0725(a), Government Code, is |
|
amended to read as follows: |
|
(a) The commissioners court of a county [with a population
|
|
of 400,000 or more] may conduct a closed meeting to deliberate |
|
business and financial issues relating to a contract being |
|
negotiated if, before conducting the closed meeting: |
|
(1) the commissioners court votes unanimously that |
|
deliberation in an open meeting would have a detrimental effect on |
|
the position of the commissioners court in negotiations with a |
|
third person; and |
|
(2) the attorney advising the commissioners court |
|
issues a written determination that deliberation in an open meeting |
|
would have a detrimental effect on the position of the |
|
commissioners court in negotiations with a third person. |
|
SECTION 17. Section 61.002(5), Health and Safety Code, is |
|
amended to read as follows: |
|
(5) "General revenue levy" means: |
|
(A) the property taxes imposed by a county that |
|
are not dedicated to: |
|
(i) the construction and maintenance of |
|
farm-to-market roads under Article VIII, Section 1-a, Texas |
|
Constitution; |
|
(ii) [or to] flood control under Article |
|
VIII, Section 1-a, [of the] Texas Constitution; |
|
(iii) [or that are not dedicated to] the |
|
further maintenance of the public roads under Article VIII, Section |
|
9, [of the] Texas Constitution; or |
|
(iv) the payment of principal or interest |
|
on county debt; and |
|
(B) the sales and use tax revenue to be received |
|
by the county during the calendar year in which the state fiscal |
|
year begins under Chapter 323, Tax Code, as determined under |
|
Section 26.041(d), Tax Code. |
|
SECTION 18. Section 132.002(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) The commissioners court of a county may authorize a |
|
county or precinct officer who collects fees, fines, court costs, |
|
or other charges on behalf of the county or the state to accept |
|
payment by credit card or by the electronic processing of checks of |
|
a fee, fine, court costs, or other charge. The commissioners court |
|
may also authorize a county or precinct officer to collect and |
|
retain a fee for processing the payment by credit card or by the |
|
electronic processing of checks. |
|
SECTION 19. Subchapter Z, Chapter 157, Local Government |
|
Code, is amended by adding Section 157.9031 to read as follows: |
|
Sec. 157.9031. AUTHORITY TO REQUIRE REIMBURSEMENT FOR |
|
CERTAIN COVERAGE. A self-insuring county or the intergovernmental |
|
pool operating under Chapter 119, under policies concerning the |
|
provision of coverages adopted by the county's commissioners court |
|
or the pool's governing body, may require reimbursement for the |
|
provision of punitive damage coverage from a person to whom the |
|
county or intergovernmental pool provides coverage. |
|
SECTION 20. Sections 270.007(b) and (f), Local Government |
|
Code, are amended to read as follows: |
|
(b) A [Notwithstanding the provisions of Subsections (f)
|
|
and (g), a] county may exclusively contract with a person to market |
|
the application or system. If the original contract for development |
|
of the application or system under Subsection (a) does not include a |
|
provision for marketing the application or system, a [A] contract |
|
under this subsection shall be awarded [only] in compliance with |
|
Section 262.030, [Local Government Code,] concerning the |
|
alternative competitive procedure for insurance or high technology |
|
items. |
|
(f) Except as provided by Subsection (b), [upon request of
|
|
any person,] a county may [shall] sell or license software under |
|
this section for a price negotiated between the county and the |
|
purchaser or licensee, including another governmental entity |
|
[person, not to exceed the developmental cost to the county.
|
|
Developmental cost shall only include costs incurred under a
|
|
contract to procure the software or direct employee costs incurred
|
|
to develop the software. This subsection does not apply to any
|
|
county software that protects county computer systems from
|
|
unauthorized use or access]. |
|
SECTION 21. Section 352.081(e), Local Government Code, is |
|
amended to read as follows: |
|
(e) An order adopted under this section expires, as |
|
applicable, on the date: |
|
(1) a determination is made under Subsection (b) that |
|
drought conditions no longer exist; or |
|
(2) a determination is made by the commissioners |
|
court, or the county judge or fire marshal if designated for that |
|
purpose by the commissioners court, that the circumstances |
|
identified under Subsection (c)(2) no longer exist. |
|
SECTION 22. Section 387.003, Local Government Code, is |
|
amended by amending Subsections (a), (b), (b-1), (c), (e), (f), and |
|
(h) and adding Subsections (a-1), (i), and (j) to read as follows: |
|
(a) The commissioners court of the county may call an |
|
election on the question of creating a county assistance district |
|
under this chapter. More than one county assistance district may be |
|
created in a county, but not more than one district may be created |
|
in a commissioners precinct. |
|
(a-1) A district may [to] perform the following functions in |
|
the district: |
|
(1) the construction, maintenance, or improvement of |
|
roads or highways; |
|
(2) the provision of law enforcement and detention |
|
services; |
|
(3) the maintenance or improvement of libraries, |
|
museums, parks, or other recreational facilities; |
|
(4) the provision of services that benefit the public |
|
health or welfare, including the provision of firefighting and fire |
|
prevention services; or |
|
(5) the promotion of economic development and tourism. |
|
(b) The order calling the election must: |
|
(1) define the boundaries of the district to include |
|
any portion of the county in which the combined tax rate of all |
|
local sales and use taxes imposed, including the rate to be imposed |
|
by the district if approved at the election, would not exceed the |
|
maximum combined rate of sales and use taxes imposed by political |
|
subdivisions of this state that is prescribed by Sections 321.101 |
|
and 323.101, Tax Code [two percent]; and |
|
(2) call for the election to be held within those |
|
boundaries. |
|
(b-1) If the proposed district includes any territory of a |
|
municipality, the commissioners court shall send notice by |
|
certified mail to the governing body of the municipality of the |
|
commissioners court's intent to create the district. If the |
|
municipality has created a development corporation under Chapter |
|
504 or 505, the commissioners court shall also send the notice to |
|
the board of directors of the corporation. The commissioners court |
|
must send the notice not later than the 60th day before the date the |
|
commissioners court orders the election. The governing body of the |
|
municipality may exclude the territory of the municipality from the |
|
proposed district by sending notice by certified mail to the |
|
commissioners court of the governing body's desire to exclude the |
|
municipal territory from the district. The governing body must |
|
send the notice not later than the 45th day after the date the |
|
governing body receives notice from the commissioners court under |
|
this subsection. The territory of a municipality that is excluded |
|
under this subsection may subsequently be included in: |
|
(1) the district in an election held under Subsection |
|
(f) with the consent of the municipality; or |
|
(2) another district after complying with the |
|
requirements of this subsection and after an election under |
|
Subsection (f). |
|
(c) The ballot at the election must be printed to permit |
|
voting for or against the proposition: "Authorizing the creation |
|
of the ____ County Assistance District No.___ (insert name of |
|
district) and the imposition of a sales and use tax at the rate of |
|
____ [of one] percent (insert [one-eighth, one-fourth,
|
|
three-eighths, or one-half, as] appropriate rate) for the purpose |
|
of financing the operations of the district." |
|
(e) If a majority of the votes received at the election are |
|
against the creation of the district, the district is not created |
|
and the county at any time may call one or more elections [another
|
|
election] on the question of creating one or more [a] county |
|
assistance districts [district may not be held in the county before
|
|
the first anniversary of the most recent election concerning the
|
|
creation of a district]. |
|
(f) The commissioners court may call an election to be held |
|
in an area of the county that is not located in a district created |
|
under this section to determine whether the area should be included |
|
in the district and whether the district's sales and use tax should |
|
be imposed in the area. An election may not be held in an area in |
|
which the combined tax rate of all local sales and use taxes |
|
imposed, including the rate to be imposed by the district if |
|
approved at the election, would exceed the maximum combined rate of |
|
sales and use taxes imposed by political subdivisions of this state |
|
that is prescribed by Sections 321.101 and 323.101, Tax Code [two
|
|
percent]. |
|
(h) If more than one election to authorize a local sales and |
|
use tax is held on the same day in the area of a proposed district or |
|
an area proposed to be added to a district and if the resulting |
|
approval by the voters would cause the imposition of a local sales |
|
and use tax in any area to exceed the maximum combined rate of sales |
|
and use taxes of political subdivisions of this state that is |
|
prescribed by Sections 321.101 and 323.101, Tax Code [two percent], |
|
only a tax authorized at an election under this section may be |
|
imposed. |
|
(i) In addition to the authority to include an area in a |
|
district under Subsection (f), the governing body of a district by |
|
order may include an area in the district on receipt of a petition |
|
or petitions signed by the owner or owners of the majority of the |
|
land in the area to be included in the district. If there are no |
|
registered voters in the area to be included in the district, no |
|
election is required. |
|
(j) The commissioners court by order may exclude an area |
|
from the district if the district has no outstanding bonds payable |
|
wholly or partly from sales and use taxes and the exclusion does not |
|
impair any outstanding district debt or contractual obligation. |
|
SECTION 23. Section 387.005, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 387.005. GOVERNING BODY. (a) The commissioners court |
|
of the county in which the district is created by order shall |
|
provide that: |
|
(1) the commissioners court is the governing body of |
|
the district; or |
|
(2) the commissioners court shall appoint a governing |
|
body of the district. |
|
(b) A member of the governing body of the district |
|
[commissioners court] is not entitled to compensation for service |
|
[on the governing body of the district] but is entitled to |
|
reimbursement for actual and necessary expenses. |
|
(c) A board of directors appointed by the commissioners |
|
court under this section shall consist of five directors who serve |
|
staggered terms of two years. To be eligible to serve as a |
|
director, a person must be at least 18 years of age and a resident of |
|
the county in which the district is located. The initial directors |
|
shall draw lots to achieve staggered terms, with three of the |
|
directors serving one-year terms and two of the directors serving |
|
two-year terms. |
|
SECTION 24. Section 387.006(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) A district may: |
|
(1) perform any act necessary to the full exercise of |
|
the district's functions; |
|
(2) accept a grant or loan from: |
|
(A) the United States; |
|
(B) an agency or political subdivision of this |
|
state; or |
|
(C) a public or private person; |
|
(3) acquire, sell, lease, convey, or otherwise dispose |
|
of property or an interest in property under terms determined by the |
|
district; |
|
(4) employ necessary personnel; [and] |
|
(5) adopt rules to govern the operation of the |
|
district and its employees and property; and |
|
(6) enter into agreements with municipalities |
|
necessary or convenient to achieve the district's purposes, |
|
including agreements regarding the duration, rate, and allocation |
|
between the district and the municipality of sales and use taxes. |
|
SECTION 25. Section 387.007(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) A district may not adopt a sales and use tax under this |
|
chapter if the adoption of the tax would result in a combined tax |
|
rate of all local sales and use taxes that would exceed the maximum |
|
combined rate prescribed by Sections 321.101 and 323.101, Tax Code, |
|
[of more than two percent] in any location in the district. |
|
SECTION 26. Section 387.009, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 387.009. TAX RATE. The rate of a tax adopted under |
|
this chapter must be in increments of one-eighth[, one-fourth,
|
|
three-eighths, or one-half] of one percent. |
|
SECTION 27. Sections 387.010(a), (b), and (c), Local |
|
Government Code, are amended to read as follows: |
|
(a) A district that has adopted a sales and use tax under |
|
this chapter may, by order and subject to Section 387.007(b): |
|
(1) reduce [, change] the rate of the tax or repeal the |
|
tax without an election, except that the district may not repeal the |
|
sales and use tax or reduce the rate of the sales and use tax below |
|
the amount pledged to secure payment of an outstanding district |
|
debt or contractual obligation; |
|
(2) increase the rate of the sales and use tax, if the |
|
increased rate of the sales and use tax will not exceed the rate |
|
approved at an election held under Section 387.003; or |
|
(3) increase the rate of the sales and use tax to a |
|
rate that exceeds the rate approved at an election held under |
|
Section 387.003 after [if] the increase [change or repeal] is |
|
approved by a majority of the votes received in the district at an |
|
election held for that purpose. |
|
(b) The tax may be changed under Subsection (a) in one or |
|
more increments of one-eighth of one percent [to a maximum of
|
|
one-half of one percent]. |
|
(c) The ballot for an election to increase [change] the tax |
|
shall be printed to permit voting for or against the proposition: |
|
"The increase [change] of a sales and use tax for the ____ County |
|
Assistance District No. ___ (insert name of district) from the rate |
|
of ____ [of one] percent (insert [one-fourth, three-eighths, or
|
|
one-half, as] appropriate rate) to the rate of ____ [of one] percent |
|
(insert [one-fourth, three-eighths, or one-half, as] appropriate |
|
rate)." |
|
SECTION 28. Section 387.012, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 387.012. EFFECTIVE DATE OF TAX. The adoption of the |
|
tax, the increase or reduction [change] of the tax rate, or the |
|
repeal of the tax takes effect on the first day of the first |
|
calendar quarter occurring after the expiration of the first |
|
complete quarter occurring after the date the comptroller receives |
|
a copy of the order of the district's governing body [notice of the
|
|
results of the election] adopting, increasing, reducing |
|
[changing], or repealing the tax. |
|
SECTION 29. Chapter 51, Property Code, is amended by adding |
|
Section 51.0022 to read as follows: |
|
Sec. 51.0022. FORECLOSURE DATA COLLECTION. (a) In this |
|
section, "department" means the Texas Department of Housing and |
|
Community Affairs. |
|
(b) A person filing a notice of sale of residential property |
|
under Section 51.002(b) must submit to the county clerk a completed |
|
form that provides the zip code for the property. |
|
(c) On completion of a sale of real property, the trustee or |
|
sheriff shall submit to the county clerk a completed form that |
|
contains information on whether the property is residential and the |
|
zip code of the property. |
|
(d) Not later than the 30th day after the date of receipt of |
|
a form under this section, the county clerk shall transmit the form |
|
to the department. |
|
(e) The board of the department shall prescribe the forms |
|
required under this section. The forms may only request |
|
information on whether the property is residential and the zip code |
|
of the property. |
|
(f) The department shall report the information received |
|
under this section quarterly to the legislature in a format |
|
established by the board of the department by rule. |
|
SECTION 30. Sections 86.022, 112.008, and 387.010(d), |
|
Local Government Code, are repealed. |
|
SECTION 31. (a) Articles 20.011(a) and 20.02(b), Code of |
|
Criminal Procedure, as amended by this Act, and Article 20.151, |
|
Code of Criminal Procedure, as added by this Act, apply only to |
|
testimony before a grand jury that is impaneled on or after the |
|
effective date of this Act. |
|
(b) Article 27.18, Code of Criminal Procedure, as amended by |
|
this Act, applies to a plea of guilty or nolo contendere entered on |
|
or after the effective date of this Act, regardless of whether the |
|
offense with reference to which the plea is entered is committed |
|
before, on, or after that date. |
|
(c) Article 38.073, Code of Criminal Procedure, as amended |
|
by this Act, applies only to the testimony of an inmate witness that |
|
is taken on or after the effective date of this Act. |
|
(d) Section 13A, Article 49.25, Code of Criminal Procedure, |
|
as added by this Act, applies only to a service provided by a |
|
medical examiner's office on or after the effective date of this |
|
Act. A service provided before the effective date of this Act is |
|
covered by the law in effect on the date the service was provided, |
|
and the former law is continued in effect for that purpose. |
|
(e) Sections 51.318(b) and 101.0611, Government Code, as |
|
amended by this Act, apply only to a request for a certified copy of |
|
a record, judgment, order, pleading, or paper on file or of record |
|
in the district clerk's office, including certificate and seal, |
|
made on or after the effective date of this Act. A request made |
|
before the effective date of this Act is covered by the law in |
|
effect when the request was made, and the former law is continued in |
|
effect for that purpose. |
|
(f) Section 57.002(d-1), Government Code, as added by this |
|
Act, applies only to the appointment of a court interpreter under |
|
Chapter 57, Government Code, as amended by this Act, on or after the |
|
effective date of this Act. The appointment of a court interpreter |
|
before the effective date of this Act is governed by the law in |
|
effect when the interpreter was appointed, and the former law is |
|
continued in effect for that purpose. |
|
(g) Section 551.0725(a), Government Code, as amended by |
|
this Act, applies only to a meeting held on or after the effective |
|
date of this Act. A meeting held before the effective date of this |
|
Act is governed by the law in effect on the date the meeting is held, |
|
and the former law is continued in effect for that purpose. |
|
(h) Sections 270.007(b) and (f), Local Government Code, as |
|
amended by this Act, apply only to a contract entered into on or |
|
after the effective date of this Act. A contract entered into |
|
before the effective date of this Act is governed by the law in |
|
effect when the contract was entered into, and the former law is |
|
continued in effect for that purpose. |
|
(i) The board of the Texas Department of Housing and |
|
Community Affairs shall adopt the forms and rules required by |
|
Section 51.0022, Property Code, as added by this Act, not later than |
|
January 1, 2012. |
|
(j) The change in law made by Section 51.0022, Property |
|
Code, as added by this Act, applies only to a notice of sale filed on |
|
or after January 1, 2012. A notice of sale filed before January 1, |
|
2012, is governed by the law in effect immediately before the |
|
effective date of this Act, and the former law is continued in |
|
effect for that purpose. |
|
SECTION 32. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2011. |